Common use of Mutilated, Destroyed, Lost or Stolen Equipment Notes Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder of such Equipment Note, issue, and the Indenture Trustee shall authenticate and deliver in replacement thereof, a new Equipment Note of the same series in the form set forth in Section 2.01, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and dated the same date as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paid. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder of such Equipment Note shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be required by them to save the Owner Trustee and the Indenture Trustee harmless and evidence satisfactory

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If ---------------------------------------------------- any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request [Trust Indenture and Mortgage (2001-1 747-1)] of the holder Noteholder of such Equipment Note, issueissue and execute, and the Indenture Trustee shall authenticate and deliver deliver, in replacement thereof, as applicable, a new Equipment Note of the same series in Series and having the form set forth in Section 2.01same maturity, payable to the same holder Noteholder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate amount and dated the same date as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paid. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder Noteholder of such Equipment Note shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be required by them it to save the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder of such Equipment Note, issue, and the Indenture Trustee shall authenticate and deliver in replacement thereof, a new Equipment Note of the same series in the form set forth in Section 2.01, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and dated the same date as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paid. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder of such Equipment Note shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be required by them to save the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner Trustee and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof (provided, that if such holder is an institutional investor, its written agreement shall be sufficient).

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note of any Series shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder of such Equipment Note, issue, and the Indenture Trustee shall authenticate and deliver in replacement thereof, a new Equipment Note of the same series such Series in the form set forth in Section 2.01, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and dated the same date as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paid. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder of such Equipment Note shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be required by them to save the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If ---------------------------------------------------- any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder of such Equipment Noteaffected Noteholder, issueexecute, and the Indenture Trustee shall authenticate and deliver in replacement thereof, a new Equipment Note of the same series in the form set forth in Section 2.01, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and dated the same date as the of such Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paiddesignated as issued under this Indenture. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder of such Equipment Note affected Noteholder shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be reasonably required by them to save hold the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner Trustee and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof; provided, however, that if the affected Noteholder is an -------- ------- original party to the Participation Agreement or an Affiliate thereof, the written notice of such destruction, loss or theft and such ownership and the written undertaking of such Noteholder delivered to the Owner Trustee and the Indenture Trustee to hold harmless the Owner Trustee and the Indenture Trustee in respect of the execution, authentication and delivery of such new Equipment Note shall be sufficient evidence, security and indemnity.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder Holder of such Equipment Note, issue, execute and the Indenture Trustee shall authenticate and deliver in replacement thereof, thereof a new Equipment Note of the same series in the form set forth in Section 2.01Note, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and Principal Amount dated the same date and captioned as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paidoriginally issued. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded a copy thereof shall be furnished to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder Holder of such Equipment Note shall furnish to the Lessee, the Owner Trustee Trustee, the Owner Participant and the Indenture Trustee such security or indemnity as may be reasonably required by them to save the Lessee, the Owner Trustee, the Owner Participant and the Indenture Trustee harmless and evidence satisfactory to the Lessee, the Owner Trustee, the Owner Participant and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof. If a bank or trust company with a net worth of $200,000,000 or more is the Holder of any such destroyed, lost or stolen Equipment Note, then the written indemnity of such Person, signed by an authorized officer thereof, in favor of, delivered to and in form reasonably satisfactory to the Lessee, the Owner Participant, the Owner Trustee and the Indenture Trustee harmless shall be accepted as satisfactory indemnity and evidence satisfactorysecurity and no further indemnity or security shall be required as a condition to the execution and delivery of such new Equipment Trust Indenture Note.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder Noteholder of such Equipment Note, issueissue and execute, and the Indenture Trustee shall authenticate and deliver deliver, in replacement thereof, as applicable, a new Equipment Note of the same series in Series and having the form set forth in Section 2.01same maturity, payable to the same holder Noteholder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate amount and dated the same date as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paid. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder Noteholder of such Equipment Note shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be required by them it to save the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner Trustee and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder of such Equipment Noteaffected Noteholder, issueexecute, and the Indenture Trustee shall authenticate and deliver in replacement thereof, a new Equipment Note of the same series in the form set forth in Section 2.01, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and dated the same date as the of such Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paiddesignated as issued under this Indenture. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder of such Equipment Note affected Noteholder shall furnish to the Owner Trustee and the Indenture Trustee such security or indemnity as may be reasonably required by them to save hold the Owner Trustee and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Owner Trustee and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof; provided, however, that if the affected Noteholder is an -------- ------- original party to the Participation Agreement or an Affiliate thereof, the written notice of such destruction, loss or theft and such ownership and the written undertaking of such Noteholder delivered to the Owner Trustee and the Indenture Trustee to hold harmless the Owner Trustee and the Indenture Trustee in respect of the execution, authentication and delivery of such new Equipment Note shall be sufficient evidence, security and indemnity.

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder Holder of such Equipment Note, issue, execute and the Indenture Trustee shall authenticate and deliver in replacement thereof, thereof a new Equipment Note of the same series in the form set forth in Section 2.01Note, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and Principal Amount dated the same date and captioned as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paidoriginally issued. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded a copy thereof shall be furnished to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder Holder of such Equipment Note shall furnish to the Lessee, the Owner Trustee Trustee, the Owner Participant and the Indenture Trustee such security or indemnity as may be reasonably required by them to save the Lessee, the Owner Trustee Trustee, the Owner Participant and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Lessee, the Owner Trustee, the Owner Participant and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof. If a bank or trust company with a net worth

Mutilated, Destroyed, Lost or Stolen Equipment Notes. If any Equipment Note shall become mutilated, destroyed, lost or stolen, the Owner Trustee shall, upon the written request of the holder Holder of such Equipment Note, issue, execute and the Indenture Trustee shall authenticate and deliver in replacement thereof, thereof a new Equipment Note of the same series in the form set forth in Section 2.01Note, payable to the same holder in the same principal amount, of the same maturity, with the same payment schedule, bearing the same interest rate and Principal Amount dated the same date and captioned as the Equipment Note so mutilated, destroyed, lost or stolen. The Indenture Trustee shall make a notation on each new Equipment Note of the amount of all payments or prepayments of principal and interest theretofore made on the Equipment Note so mutilated, destroyed, lost or stolen and the date to which interest on such old Equipment Note has been paidoriginally issued. If the Equipment Note being replaced has become mutilated, such Equipment Note shall be surrendered to the Indenture Trustee and forwarded a copy thereof shall be furnished to the Owner Trustee by the Indenture Trustee. If the Equipment Note being replaced has been destroyed, lost or stolen, the holder Holder of such Equipment Note shall furnish to the Lessee, the Owner Trustee Trustee, the Owner Participant and the Indenture Trustee such security or indemnity as may be reasonably required by them to save the Lessee, the Owner Trustee Trustee, the Owner Participant and the Indenture Trustee harmless and evidence satisfactorysatisfactory to the Lessee, the Owner Trustee, the Owner Participant and the Indenture Trustee of the destruction, loss or theft of such Equipment Note and of the ownership thereof. If a bank or trust company with a net worth of $200,000,000 or more is the Holder of any such destroyed, lost or stolen Equipment Note, then the written indemnity of such Trust Indenture